Resolution 330A-1989
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Michael H. Puto
Monroe County Mayor
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RESOLUTION NO. 330A -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE SCHOOL DISTRICT OF MONROE COUNTY,
FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CONCERNING SUMMER
RECREATIONAL OPPORTUNITIES AND SERVICES TO THE
YOUTH OF MONROE COUNTY, FLORIDA.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby authorizes the
Mayor to execute an Inter1oca1 Agreement between the School
District of Monroe County, Florida, and the Board of County
Commissioners of Monroe County, Florida, a copy of which is
attached hereto and made a part hereof, concerning summer
recreational opportunities and services to the youth of Monroe
County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the "+J, day of \. J/.A M -e... , A. D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
/IlI~J;P4
MAYOR/CHAIRMAN
(Seal)
Attest: DANNX L.. KOLijAGE, Clerk
L2Lcaf~1i)~
BY
INTBRLOCALAGRBBMBNT
PursuantTo
Florida Interlocal Cooperation Act of 1969
(Chapter 163, Florida Statutes)
Agreement made this 22nd. Day of May, 1989, at Key West, Monroe County, Florida, by
and between The School District of Monroe County, Florida (hereinafter the District), and The
Board of County Commissioners of Monroe County, Florida (hereinafter the County):
Whereas, the District and the County desire to provide summer recreational opportunities and
services to the youth of Monroe County, Florida; and
Whereas, the County does not have the proper facilities or the trained employees to provide
summer recreational services; and
Whereas, the District has facilities and trained personnel at its disposal for use in providing
summer recreational opportunities and services to the youth ofMomoe County; and
Whereas, the costs of operating the summer recreational program should be shared between
the County and the District;
Now, therefore, the County and the District hereby agree as follows:
I. SBRVICES TO BE PROVIDBD - The District agrees to provide supervised recreational
programs during the time periods specified, and consisting of the activities described, in
Schedule A attached hereto. The program sites for provision of these programs shall be as
described in Schedule B hereto.
2. TRANSPORTATION OF YOUTH - The District, utilizing District-owned school busses,
shall provide transportation opportunities to and from scheduled off-site program locations. as
well as to and from the program sites. Pick-up locations and time shall be in accordance with
Schedule C hereto.
3. SUPERVISION OF PROGRAM ACTIVITIES - The District, utilizing as much as
possible district employees, shall provide Program Instructors and Instructor Aides to
supervise participants and provide instructional and training activities.
4. EQUIPMENT AND SUPPLIES - The District shall be responsible for purchasing the
necessary equipment, games, materials, and consumable supplies required for program
activities, and the District shall be responsible for storage and distribution of said items as
required.
5. F ACILITIBS OPERATION - The District shall be responsible for providing on-site
program clerical assistance and infonnational services during the program's operating hours,
and shall have telephonic resourses available for both in.:coming and out-going calls.
6. FIRST AID FACILITIBS AND PERSONNEL - The District, at each program site,
shall have available sufficient flJ'St aid supplies required for use in attending to minor injuries.
Additionally, fll'Bt aid trained personnel shall be available for attending to minor injuries as may
berequired.
7. COMPENSATION TO PROGRAM PERSONNEL; INSURANCE COVERAGE _
The District shall be responsible for determining the amounts of compensation, and times for
payments, of Instructors, Instructor Aides, School Bus Operators, and other personnel
providing services under this Agreement. The District shall also provide Workers'
Compensation coverage through its Self-Insured Program for these personnel.
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. R. LIABILITY INSURANCE COVERAGE; INDEMNITY - The District shall provide
Third-Party General Liability Insurance coverage through the District's Self-Insured Program. .,
Further, the District shall indemnify the County from and all liability, loss or damage the
Coullty may suffer as a result of claims, demands, costs. or judgements against the County
arising out of the subject matter of this Intcrlocal Agreement, where the liability, loss, or
damage is caused by, or arises ou 1 of, 'the negligence of the District or of the District's officers,
agcnts, or employees. In the event that a claim should be brought, or an action filed, against
the County with respect to the subject of indemnity herein, the District shall employ attorneys
of its own selection to appear and defend the claim or action on behalf of the County and at the
expense of the District. The District, at its option, shall have the sole authority for the direction
of the defense, and shall be the sole judge of the acceptability of any compromise or settlement
of any claims or actions against the County. The County shall give written notice to the District
of any act or occurrence involving liability or a claim, demand, or item of cost indemnified
against herein within five (5) days after the happening of such act or occurence shall have corne
to the County's knowledge. The fact or allegation that the County did not know of the act or
occurrence until some time after its happening shall not excuse the giving of this notice to the
District if, in the exercise of reasonable care, the County should have known of the act or
occurrence.
9. INVOLVEMENT OF COUNTY - The County's sole involvement in the perfonnance of
this agreement is to pay such sums to the District as are hereinafter delineated, and the County
and District specifically agree that the District shall be solely responsible for the plarming,
operation, supervision, control, and direction of the program and services contemplated under
this Agreement. The intent of this section is that the County shall only be considered to be a
supplier of funds and not an active participant in the performance of the District's obligations
under this agreement.
10. ACCOUNTING AND INSPECTION ~ The District shall be responsible for receiving,
generating, and maintaining documentation in such fonn and content as may be required by the
Office of the Auditor General of Florida in accordance with generally accepted accounting
practices. The District shall, from time to time, provide the County with copies of such
docwnentation and shall pennit access by agents or employees of the County to the books,
charts of accounts, and other documents relative to this Agreement The District agrees to
assign unique and distinct Project Accounting Codes for expenditures make pursuant to this
Agreement
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12. USE OP FUNDS ~ The District shall expend the funds received hereunder in accordance
with Schedule D attacher hereto. To the most practical extent possible, Fifty Five Thousand
Dollars ($55,000.00) shall be spent for services and programs sited in the Middle and Upper
Keys, and Forty Two Thousand Seven Hundred and Fifty Dollars ($42,750.00) shall be spent
for services and programs sited in the Lower Keys.
13. UNUSBD FUNDS AND OVER EXPENDITURES - The District shall, after the final
accounting of expenditures associated with this Agreement, return to the County any balance
~ of unencumbered or unspent funds which are part of the cash consideration received
from the County. The District shall be solely responsible for, and shall pay, all costs and
expenses relative to this Agreement that are in excess of the cash consideration received from
the County.
*11. CONSIDERATION - As consideration for this Agreement, the COWlty agrees that
(1) the COWlty will not compete with the District by providing organized
Summer Youth Recreation Programs and (2) the County shall, upon the con-
clusion of the Summer Youth Recreation Program and within fifteen (15) days
of the receiPt of an invoice frQm thedDistri~tL_pay to the$District the sum
of Ninety ~eVen Thousand ~even Hundre and Flf~y Dollars ( 97,750.00).
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Page 3
14. NON-RELIANCE BY NON-PARTIES - No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program COntemplated hereunder, and
the District and County agree that neither the District nor County or any agent. officer. or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individpals have entitlements or benefits under this Agreement
separate and apart, inferior to, or supetior to the community in general or the general target
popu1ationcontemplatedin this Agreement.
15. DISTRICT RBSERVATIONOP RIGHT TO MODIPY -The District reserves the right
to modify from time to time any of the services or programs contemplated hereunder, but such
modifications shall not operate or have the effect of resulting in non-performance of any of the
obligations of the District hereunder, nor result ina re-alignment of budget categories for
expenditures in an amount in excess of ten percent (10%) of the cash consideration as a whole
received from the County.
THE DISTRICT SCHOOL BOARD OP
M OUNTY. FLORIDA
(SEAL)
BY:
DENT
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THE BOARD OP COUNTY COMMISSIONERS OP
MONROE COUNTY. FLORIDA
(SEAL)
BY:~~-
YOR
A TI"EST:
CLERK
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Page 4
SCHEDULE A
SUMMER RBCRBA TION ACTIVITIES
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(June 19 - July 28 - S day. per week for 6 weeks)
A. Sport Activities:
1. Aerobics 6. CreativeMovement
2. Basketball 7. Frisbee
3. Board Games . 8. Gymnastics
4. BowJing 9. Jazz
5. Canoeing 10. Kickball
B. Arts and Crafts Activities:
1. Beach Buckets 13. MacaroniDesigns
2. BubbleMaking 14. Magic Tricks
3. Ceramics 15. Mirroring
4. Collage 16. Movies
5. Coral Reef Filmstrips 17. Outside Games
6. DoughArt 18. Pantomime
7. F1yingMachin~(paper) 19. PaperWeaving
8. =~ 20. Potato Prints
9. 21. Pottery
10. IndianPrin1B 22. Printing
11. Joke TelHng 23. SandPainting
12. Kites 24. Scavenger Hunts
C. Computer Related Activitia:
11. Roller Skating
12. Snorkeling
13. Softball
14. Swimming
15. Soccer
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25. StoryTeJDng
26. storymUltrations
27. Stuffed Fish
28. Styrofoam Collages
29. TemperaPainting
30. TexturalRubbinp
31. 1lnfoil Sculptures
32. TIssue Pictura
33. UnderwaterDrawinp
34. WaterColon
35. WeedWeaving
36. Woven Mobiles
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SCHEDULE B
SUMMER RECREATION ACTIVITIES
(June 19 - July 28 - .,5 days per weet for 6 weeks)
Program Sites
Douglas School Gym
Horace Q'Bryant Middle School
Key Largo Elementary I Middle School
Plantation Key Elementary I Middle School
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Poinciana Elementary School
Stanley Switlik Elementary School
Sugarloaf Elementary I Middle School
Teen Center - Key West
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SCHEDULE C
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SUMMER RECREATION ACTIVITIES
(JlIDe 19 - July 28 - ~ day. per week for 6 weeks)
Bu.T~po~tionSchedule
(To Be Scheduled and Finalized in May)
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SCHBDULB D
SUMMBR RBCJU!A TION ACTlVITIBS
(June 19 - July 28 - 5 days per week for 6 weeks)
County Pundina Bzpenditurea
1. Salaries and Pringe Benefits
(Jnc1uding Workers' Compensation Benefits
Site Directors, Instructors, Instructor Aides,
School Bus Operators, Clerical
2. Supplies. Games Materials. Equipment
(5 sites)
3. Pield Trips
(In-CountyandOut-of-County)
Total funds from the County C"..mnnltuton
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Page 7
$85.000.00
8.250.00
4.500.00
197.750.00